Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Friday 18 January 2019 at 10.00 am.

Present:

Dr I Cockburn, Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mrs L MacDonald, Mr W Mackay (by video conference from Wick), Mr D Macpherson, Mr K Rosie and Mr C Smith.

In attendance:

Ms S Blease, Principal Solicitor (Regulatory Services)
Miss C McArthur, Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mr A Yates, Environmental Health Manager
Mr C Ratter, Environmental Health Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland

Item 6.1 – Mr J Young, applicant
Item 8.1 – Mrs J O’Neill, licence holder, Mr G O’Neill, applicant’s partner and
Ms D Mills, employee
Item 10.1 – Mr J Noone, solicitor for the applicant and Mr J H Farquhar, applicant and Ms E McPhee, applicant’s partner
Item 11.1 – Mr M Sanderson, applicant
Item 11.2 – Mr W Brown, licence holder

The Chairman confirmed that the meeting would be webcast and gave a short briefing on the Council’s webcasting procedure and protocol.

Business

1.  Apologies for absence
Leisgeulan

Apologies for absence were received from Mrs P Munro. 

2.  Declarations of interest
Foillseachaidhean Com-pàirt

Item 8.1 – Mr C Smith (non-financial)

3.  Confirmation of minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of meeting of the Committee held on 4 December 2018 which was APPROVED.

4.  Licences granted under delegated powers                              
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh

There had been circulated Report No HLC/001/19 by the Principal Solicitor which detailed all licences which had been granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 22 November 2018 to 7 January 2019.

The Committee NOTED the report.

5.  Pending applications – 3 monthly considerations                      
Iarrtasan ri thighinn – beachdachaidhean 3 mìosach

There had been circulated Report No HLC/002/19 by the Principal Solicitor relating to applications which were currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982.

The Committee AGREED to defer the determination of the applications, either to:

(a) allow them to be approved under delegated powers in the event that no objections/representations are received and all outstanding documentation has been received from the applicants; or

(b) a future meeting of the Committee when the applications will be determined in terms of the Hearings Procedure.

6.  Civic Government (Scotland) Act 1982
Application for street trader’s licence 
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd neach-malairt sràide

6.1  Application for a street trader’s licence – John Young

There had been circulated Report No HLC/003/19 by the Principal Solicitor relating to an application which has been received from John Young for the grant of a street trader’s licence.

The applicant attended and gave a brief description to Members of the nature of his new business venture.

The Committee AGREED to GRANT:-

1. a street trader’s licence subject to the standard conditions, but allowing  trading within the Inverness City Centre, and with a reminder to the applicant  that he must obtain all necessary consents from the Council’s Planning department, Community Services (Roads) and any private landowners to site his pedal trikes before trading from any particular site; and
2. delegated powers to the Principal Solicitor to grant any street trader employee’s licences related to this application subject to there being no objections received to any application.

7.  Housing (Scotland) Act 2006
Applications for house in multiple occupation licence
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson ceadachd thaighean ann an ioma-sheilbh

7.1  Premises – Staff Quarters, Nethybridge Hotel, Nethybridge 

There had been circulated Report No HLC/004/19 by the Principal Solicitor relating to the renewal of a house in multiple occupation licence from the Strathmore Hotels Ltd  in respect of premises at Staff Quarters, Nethybridge Hotel, Nethybridge. 

The applicant did not attend.

The Committee NOTED that a satisfactory electrical installation certificate had now been received and that the licence could now be issued under delegated powers.

8.  Riding Establishments Acts 1964 and 1970
Riding establishment licence
Achd nan Ionadan Marcachd 1964 agus 1970
Ceadachd Ionad Marcachd

Mr C Smith declared a non-financial interest as his wife was a former employee of the licence holder and left the room during determination of this item. 

8.1  Premises - Northwilds, Fendom, Tain

There had been circulated Report No HLC/005/19 by the Environmental Health Manager relating to an application for renewal of a riding establishment licence from Mrs Jan O’Neill in respect of premises at Northwilds, Fendom, Tain.

Mr A Yates spoke on behalf of the Environmental Health departmentand highlighted key issues in the report and the history of Mrs O’Neill’s licence.  The property and animals had been visited by a specialist veterinary inspector, engaged by the Council, and her report from November 2018 was included in the papers.  The veterinary inspection concluded that the applicant had not demonstrated the key skills required to run such a large and complex operation.  Concerns from the past were still evident in relation to lack of resources, concerns for specific horses, the amount of staff and the lack of staff with the relevant UK qualifications.  Mrs O’Neill was also absent from the premises for long periods of time when carrying out trail rides.  The inspector’s report originally recommended that a provisional licence be issued with the additional conditions outlined in her letter.   The applicant had provided a detailed response with assurance that extra veterinary inspections would be carried out, that increased amount of rests would be allowed for the horses whilst out on the trail rides and that the landlord had now granted permission for use of the yard and building and the larger area for grazing for a further year.  A meeting had taken place with the operator, Mr C Ratter from Environmental Health and the veterinary officer where they discussed all the paperwork that had been submitted.  Further to that, an additional letter dated 11 January 2019 had been circulated by the veterinary inspector indicating that the operator had listened to concerns and had given details of improvements to be made.  The vet still had concerns on the grazing and current conditions on trail riding, horses used and the need for scrutiny of horses before and after the trail rides.  The veterinary inspector requested that additional conditions be included should a full licence be granted.   The revised recommendation from the vet would be to grant the licence with the additional conditions suggested.

In response to Members’ questions, Mr Yates responded as follows:

• full inspections of all horses are announced in advance, but, following complaints, spot checks are also undertaken with the assistance of either a veterinary inspector or the SSPCA;
• if the applicant’s own vet had significant concerns they would contact Environmental Health;
• objections had not been received from neighbours for the renewal of the licence;
• the veterinary inspector was looking for a stronger condition to cover the qualifications of the trail managers; and
• a provisional licence would be for three months, a full licence would be for one calendar year.

The applicant had no questions for the Environmental Health officers.

Mrs J O’Neill, the applicant, then addressed the Committee.  She advised that there was considerable demand for this type of holiday in Scotland.  The venture was unlike any other and. through mistakes, lessons had been learned.  Every year changes were made to make the venture better.   Mrs O’Neil outlined the difficulties faced in employing a manager when only a three month period could be guaranteed under a provisional licence.   A request was also made for the removal of condition 18 as the horses would have more rest for the two day rides in Brora if they could be moved by trailer the night before.  Staff were in the process of being put through UK qualification courses.

In response to questions from Members, the applicant responded as follows:

• Mrs J O’Neill listed her qualifications and those of her staff, explaining that exams tlast year had been cancelled by the examining body and these would now be undertaken this year;
• tri-annual inspections with her own vet would now be undertaken;
• there had been a misunderstanding about the horses that needed to be presented for inspection and in future all horses would be presented ;
• specific horses would be allocated as either trail horses or horses for trekking;
• she was content with the extra measures recommended for trail rides as many were already being undertaken; each horse would have their own grooming bag to prevent cross-infection; and
• she would be unable to obtain a suitably qualified yard manager with only a provisional three month licence.

The applicant then summed up. 

The Committee AGREED to GRANT the renewal of a full riding establishment licence subject to the standard conditions.

The Committee further agreed to grant delegated powers to the Environmental Health department (1) to add appropriate additional conditions in line with the vet’s recommendations set out in her letter of 26 November 2018 and further letter of 11 January 2019 and (2) to add appropriate further conditions to ensure that vet inspections for trail ride horses take place at least 3 times a year, that the licence holder shall not be absent from the premises (when in operation) unless a suitably qualified yard manager is in attendance at the premises during the licence holder’s absence, and that the increased rest day proposals set out in document submitted by the licence holder in support of her application, entitled “New plan for long distance rides”, be adhered to.  All conditions are to be reviewed and approved by the vet prior to the licence being issued.

9.  The Committee resolved that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following Items on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

10.  Civic Government (Scotland) Act 1982
Application for a window cleaner’s licence 
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan luchd-glanaidh uinneagan

10.1  Application for window cleaner’s licence – James H Farquhar

There had been circulated to members only Report No HLC/006/19 by the Principal Solicitor relating to an application from James H Farquhar for a window cleaner’s licence.  The Report advised that an objection had been received from Police Scotland. 

The Committee heard from the applicant’s solicitor and the Police in relation to the application.

Following lengthy discussion, the Committee AGREED to GRANT a window cleaner’s licence subject to the standard conditions.

11.  Civic Government (Scotland) Act 1982
Applications for taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtasan airson cheadachdan do dhràibhearan / oibrichean tagsaidh

11.1  Application for renewal of taxi driver’s licence – Michael Sanderson

There had been circulated to members only Report No HLC/007/19 by the Principal Solicitor relating to an application which has been received from Michael Sanderson for the renewal of his taxi driver’s licence.  Mr Sanderson had failed to notify the licensing office of convictions.  He had also yet to complete a right to work check. 

The Committee heard from the applicant in relation to the application.

The Committee AGREED to GRANT the renewal of a taxi driver’s licence subject to the standard conditions and to the applicant undertaking a right to work check.

11.2    Taxi driver’s licence – William Brown

There had been circulated to members only Report No HLC/008/19 by the Principal Solicitor relating to William Brown who is the holder of a taxi driver’s licence.  A letter had been received from Police Scotland requesting the immediate suspension of Mr Brown’s licence.  The Principal Solicitor, with the agreement of the Head of Corporate Governance and Police Scotland, had thereafter suspended Mr Brown’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

Mr Brown had submitted a letter of support from his employer and this was circulated to Members. 

The Committee heard from the applicant and the Police in relation to the licence.

The Committee AGREED to RECALL THE PARAGRAPH 12 SUSPENSION on the taxi driver’s licence AND TO MAKE NO FURTHER SUSPENSION ORDER UNDER PARAGRAPH 11 on the basis that the Committee did not consider that carrying out of the activity to which the licence relates by the licence holder is likely to cause a threat to public safety.

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The meeting closed at 2.05 pm.